명예훼손등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. 1) misunderstanding of facts or misunderstanding of legal principles as to the judgment of the first instance court; since the Defendant alleged true facts solely for the public interest, the Defendant’s act is dismissed pursuant to Article 310 of the Criminal Act. In addition, since the Defendant’s act was aimed at defending that the Defendant’s legal interest is infringed due to repeated tort, such as spreading false facts C, it constitutes self-defense or constitutes a justifiable act, and thus the illegality is removed. Nevertheless, the lower court did not decide on the Defendant’s assertion of facts as to each of the facts charged in this part; however, it did not err by misapprehending the legal principles as to the Defendant’s rejection of evidence submitted by the Defendant without reasonable grounds if the evidence cannot be used as evidence in violation of the rules of evidence or without credibility is considered as evidence for conviction, or by misapprehending the legal principles on the part of defamation committed by the Defendant as to defamation of Article 307(2) of the Criminal Act.
The court below did not exercise the defendant's right of explanation on the defendant's request for explanation of what is false among the facts prosecuted, and did not disclose it in the judgment of the court below.
In addition, the court below did not decide on the defendant's assertion of facts as to each of the facts charged in this part, and rejected the evidence submitted by the defendant without reasonable reasons, since the evidence that cannot be used as evidence or is not reliable as evidence in violation of the rules of evidence.
As such, the lower court found the Defendant guilty by misapprehending the facts or by misapprehending the legal doctrine prescribed in the Constitution and laws.
3. The public notice of the council of occupants' representatives at the time of the destruction of documents is to conceal important facts and to protect the legal interests of the defendant.